Chapter 89

89.07 89.07 Discipline.

89.07(1) (1) In this section, “unprofessional conduct” includes, but is not limited to:

89.07(1)(a) (a) Making any materially false statement or giving any materially false information in connection with an application for a license or for renewal or reinstatement of a license or in making a report to the examining board.

89.07(1)(b) (b) Violating this chapter or any federal or state statute or rule that substantially relates to the practice of veterinary medicine.

89.07(1)(c) (c) Practicing veterinary medicine while the person’s ability to practice is impaired by alcohol or other drugs or physical or mental disability or disease.

89.07(1)(d) (d) Engaging in false, misleading or deceptive advertising.

89.07(1)(e) (e) Making a substantial misrepresentation in the course of practice which is relied upon by a client.

89.07(1)(f) (f) Engaging in conduct in the practice of veterinary medicine which evidences a lack of knowledge or ability to apply professional principles or skills.

89.07(1)(fm) (fm) Handling, distributing, using or disposing of pesticides in violation of ss. 94.67 to 94.71 or the rules promulgated under ss. 94.67 to 94.71.

89.07(1)(g) (g) Obtaining or attempting to obtain compensation by fraud or deceit.

89.07(1)(h) (h) Violating any order of the examining board.

89.07(2) (2) Subject to subch. II of ch. 111, the examining board may, by order, reprimand any person holding a license, certificate, or permit under this chapter or deny, revoke, suspend, limit, or any combination thereof, the person’s license, certification, or permit if the person has:

89.07(2)(a) (a) Engaged in unprofessional conduct.

89.07(2)(b) (b) Been adjudicated mentally incompetent by a court.

89.07(2)(c) (c) Been found guilty of an offense the circumstances of which substantially relate to the practice of veterinary medicine.

89.07(3) (3) In addition to or in lieu of a reprimand or denial, limitation, suspension, or revocation of a license, certification, or permit under sub. (2), the examining board may assess against the applicant for or the holder of the license, certification, or permit a forfeiture of not more than $5,000 for each violation of s. 89.068.

89.07 History History: 1987 a. 39; 1989 a. 279; 1991 a. 306; 2015 a. 55 s. 4499; Stats. 2015 s. 89.07.

89.07 Cross-reference Cross-reference: See also chs. VE 1, 2, and 3, Wis. adm. code.

89.071 89.071 Administrative warnings.

89.071(1) (1) If the examining board determines during an investigation of a complaint against a person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 that there is evidence that the credential holder committed misconduct, the examining board may close the investigation by issuing an administrative warning to the credential holder if the examining board determines that no further disciplinary action is warranted, the complaint involves a first occurrence of a minor violation, and the issuance of an administrative warning adequately protects the public.

89.071(2) (2) A credential holder may obtain review of an administrative warning through a personal appearance before the examining board.

89.071(3) (3) 

89.071(3)(a) (a) An administrative warning does not constitute an adjudication of guilt or the imposition of discipline and, except as provided in par. (b), may not be used as evidence that the credential holder is guilty of the alleged misconduct.

89.071(3)(b) (b) If the examining board receives a subsequent complaint of misconduct by a credential holder against whom the examining board issued an administrative warning, the examining board may reopen the matter that gave rise to the administrative warning and commence disciplinary proceedings against the credential holder, and the administrative warning may be used as evidence in a subsequent disciplinary proceeding that the credential holder had actual notice that the misconduct that was the basis for the administrative warning was contrary to law.

89.071(4) (4) The record that an administrative warning was issued shall be a public record. The contents of the administrative warning shall be private and confidential.

89.071 History History: 2015 a. 179.

89.0715 89.0715 Assessment of costs.

89.0715(1) (1) In this section, “costs of the proceeding” means all of the following:

89.0715(1)(a) (a) Compensation and reasonable expenses of hearing examiners and prosecuting attorneys for the department and examining board.

89.0715(1)(b) (b) A reasonable disbursement for the service of process or other papers.

89.0715(1)(c) (c) Amounts actually paid out for certified copies of records in any public office and for postage, telephoning, adverse examinations and depositions, copies, expert witness fees, and witness fees and expenses.

89.0715(1)(d) (d) Compensation and reasonable expenses of experts and investigators.

89.0715(1)(e) (e) Compensation and reasonable expenses of a reporter for recording and transcribing testimony.

89.0715(2) (2) In any disciplinary proceeding against a holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 in which the examining board orders suspension, limitation, or revocation of the credential or reprimands the credential holder, the examining board may, in addition to imposing discipline, assess all or part of the costs of the proceeding against the credential holder. Costs assessed under this subsection are payable to the department. Interest shall accrue on costs assessed under this subsection at a rate of 12 percent per year beginning on the date that payment of the costs are due as ordered by the examining board. Upon the request of the department, the department of justice may commence an action to recover costs assessed under this subsection and any accrued interest.

89.0715(3) (3) In addition to any other discipline imposed, if the examining board assesses costs of the proceeding to a credential holder under sub. (2), the examining board may not restore, renew, or otherwise issue any credential to the holder until the holder has made payment to the department under sub. (2) in the full amount assessed, together with all accrued interest.

89.0715 History History: 2015 a. 179.

89.072 89.072 Licensees of other jurisdictions.

89.072(1) (1) Upon application and payment of the fee established under s. 89.063, the examining board may issue a license to practice veterinary medicine to any person licensed to practice veterinary medicine in another state or territory of the United States or in another country if the applicant is not currently under investigation and has never been disciplined by the licensing authority in the other state, territory or country, has not been found guilty of a crime the circumstances of which are substantially related to the practice of veterinary medicine, is not currently a party in pending litigation in which it is alleged that the applicant is liable for damages for acts committed in the course of practice and has never been found liable for damages for acts committed in the course of practice which evidenced a lack of ability or fitness to practice.

89.072(2) (2) Upon application and payment of the fee established under s. 89.063, the examining board may issue a temporary consulting permit to practice veterinary medicine in this state for up to 60 days per year to any nonresident licensed to practice veterinary medicine in another state or territory of the United States or in another country.

89.072 History History: 1987 a. 39; 2015 a. 55 s. 4500; Stats. 2015 s. 89.072.

89.073 89.073 Reciprocal credentials for service members, former service members, and their spouses.

89.073(1) (1) In this section:

89.073(1)(a) (a) “Former service member” means a person who was discharged from the U.S. armed forces under conditions other than dishonorable within 4 years of the date on which the service member or the spouse of the service member applies for a license, certification, or permit under this section.

89.073(1)(b) (b) “Service member” means a member of the U.S. armed forces, a reserve unit of the U.S. armed forces, or the national guard of any state.

89.073(1)(c) (c) “Spouse” includes the spouse of a person who died while in service in the U.S. armed forces or in forces incorporated as part of the U.S. armed forces.

89.073(2) (2) The examining board shall grant a license, certification, or permit specified under s. 89.06 to an individual who the examining board determines meets all of the following requirements:

89.073(2)(a) (a) The individual applies for a credential under this section on a form prescribed by the examining board.

89.073(2)(b) (b) The individual is a service member, a former service member, or the spouse of a service member or former service member and resides in this state.

89.073(2)(c) (c) The individual holds a credential that was granted by a governmental authority in a jurisdiction outside this state that qualifies the individual to perform the acts authorized under the appropriate credential specified under s. 89.06.

89.073(2)(d) (d) The individual pays the fee established under s. 89.063.

89.073(2)(f) (f) The individual is in good standing with the governmental authorities in every jurisdiction outside this state that have granted the individual a credential that qualifies the individual to perform acts authorized under the appropriate credential specified under s. 89.06.

89.073(2m) (2m) If an individual is unable to provide documentation that the individual is a service member, former service member, or the spouse of a service member or former service member, the individual may submit an affidavit to the examining board stating that the individual is a service member, former service member, or the spouse of a service member or former service member.

89.073(3) (3) 

89.073(3)(a) (a) A credential granted under this section expires on the renewal date specified in s. 89.062 (1), except that if the first renewal date specified in s. 89.062 (1) after the date on which the credential is granted is within 180 days of the date on which the credential is granted, the credential expires on the 2nd renewal date specified in s. 89.062 (1) after the date on which the credential is granted.

89.073(3)(b) (b) The examining board shall grant a renewed license, certification, or permit specified under s. 89.06 to an applicant who pays the renewal fee specified under s. 89.063 and satisfies the renewal requirements under s. 89.062.

89.073(4) (4) The examining board shall expedite the issuance of a license, certification, or permit granted under this section.

89.073(5) (5) The examining board may promulgate rules necessary to implement this section.

89.073 History History: 2015 a. 179; 2019 a. 143.

89.075 89.075 Access to health care records. The owner of any animal patient of a veterinarian, or any other person who submits to the veterinarian a statement of written informed consent signed by the owner, may, upon request to the veterinarian:

89.075(1) (1) Receive a copy of the animal patient’s health care records upon payment of reasonable costs.

89.075(2) (2) Have the animal patient’s X-rays referred to another veterinarian of the owner’s choice upon payment of reasonable costs.

89.075 History History: 1987 a. 39; 2015 a. 55 s. 4501; Stats. 2015 s. 89.075.

89.078 89.078 Background investigations.

89.078(1) (1) The examining board may conduct an investigation to determine whether an applicant for a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 satisfies any of the eligibility requirements specified for the license, certification, or permit, including, subject to ss. 111.321, 111.322, and 111.335, whether the applicant does not have an arrest or conviction record. In conducting an investigation under this subsection, the examining board may require an applicant to provide any information that is necessary for the investigation.

89.078(2) (2) A person holding a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 who is convicted of a felony or misdemeanor anywhere shall send a notice of the conviction by 1st class mail to the examining board within 48 hours after the entry of the judgment of conviction. The examining board shall by rule determine what information and documentation the person holding the credential shall include with the written notice.

89.078(3) (3) The examining board may investigate whether an applicant for or holder of a license, certification, or permit issued under s. 89.06, 89.072, or 89.073 has been charged with or convicted of a crime.

89.078 History History: 2015 a. 55, 179.

89.079 89.079 Unauthorized practice.

89.079(1) (1) The department may conduct investigations, hold hearings, and make findings as to whether a person has engaged in a practice or used a title without a credential required under this chapter.

89.079(2) (2) If, after holding a public hearing, the department determines that a person has engaged in a practice or used a title without a required credential, the department may issue a special order enjoining the person from continuing the practice or use of the title.

89.079(3) (3) In lieu of holding a public hearing, if the department has reason to believe that a person has engaged in a practice or used a title without a required credential, the department may petition the circuit court for a temporary restraining order or an injunction as provided in ch. 813.

89.079(4) (4) 

89.079(4)(a) (a) Any person who violates a special order issued under sub. (2) may be required to forfeit not more than $10,000 for each offense. Each day of continued violation constitutes a separate offense. The attorney general or any district attorney may commence an action in the name of the state to recover a forfeiture under this paragraph.

89.079(4)(b) (b) Any person who violates a temporary restraining order or an injunction issued by a court upon a petition under sub. (3) may be fined not less than $25 nor more than $5,000 or imprisoned for not more than one year in the county jail or both.

89.079 History History: 2015 a. 55.

89.08 89.08 Injunctive relief. If it appears upon complaint to the examining board by any person, or if it is known to the examining board, that any person is practicing veterinary medicine without a license, the examining board, the attorney general or the district attorney of the proper county may investigate and may, in addition to any other remedies, bring an action in the name and on behalf of the state against the person to enjoin the person from such practice.

89.08 History History: 1987 a. 39; 2015 a. 55 s. 4502; Stats. 2015 s. 89.08.